← Library
Madras High CourtWP/29169/2008closed

Bherudan And Sons v. The Regional Transport

2019-06-19Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P. 29169 of 2008 and M.P. 2 of 2008 Bherudan and Sons, rep. by Karta Chanda Devi Dugar, No.29, Mahaveer Colony, E.V.K.Sampath Salai, Vepery, Chennai-600 007.

... Petitioner Vs

1. The Regional Transport Authority, Cuddalore.

2. The Regional Transport Officer, Cuddalore.

3. The General Manager, Neyveli Lignite Corporation, P.O.Neyveli, Cuddalore District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records of the 2nd respondent in R.No.14661/A1/2008 dated 10.10.2008 directing the petitioner to run on the original route Neyveli Township to Mayiladuthurai (via), Neyveli, Elavarasan Pattu, Subbiya Nagar, Karivetti, Valayamadevi, Sethiathope X Road Uddiyur, Bhuvanagiri, Chidambaram and Sirkazhi instead of Neyveli Township to Mayiladuthurai (via) Neyveli, Sepplanatham, Uyyakondanraavi, Karivetti, Valayamadevi, Sethiathope X Road, Uddiyuir, Bhuvanagiri, Chidambaram and Sirkazhi and to quash the same.

For Petitioner : Mr.S.Radha Gopalan For Respondents : Mr.J.Ramesh, Addl. Govt. Pleader for R1 & R2 Mr.A.K.Sharma for R3

O R D E R

This Writ Petition has been filed challenging the impugned order of the 2nd respondent directing the petitioner to run on the original route Neyveli Township to Mayiladuthurai (via), Neyveli, Elavarasan Pattu, Subbiya Nagar, Karivetti, Valayamadevi, Sethiathope X Road Uddiyur, Bhuvanagiri, Chidambaram and Sirkazhi instead of Neyveli Township to Mayiladuthurai (via) Neyveli, Sepplanatham, Uyyakondanraavi, Karivetti, Valayamadevi, Sethiathope X Road, Uddiyuir, Bhuvanagiri, Chidambaram and Sirkazhi and to quash the same.

2. The case of the petitioner is as follows :- The petitioner is an existing stage carriage operator operating vehicle No.TN-31 D-4999 and has been granted with a permit by the respondent herein to ply on the route "Neyveli Township to Mayiladuthurai (via), Neyveli, Valayamadevi, Sethiathope X Road, Bhuvanagiri, Chidambaram, Sirkazhi and Vaitheeswaran Kovil etc. While being so, the land acquisition proceedings were initiated and in view of the said proceedings, the vehicle could not be operated in the said route. Hence, the petitioner has filed the Writ Petition in W.P.No.7761/2004 before this Court for variation of permit and this Court directed the respondents to dispose of the petitioner's application dated 31.12.2004. Thereafter, a temporary permit was granted to the petitioner for variating the original route.

3. Now, after the land acquisition proceedings, the road was laid and the request of the petitioner was already met by the respondents 1 and 2. Hence, nothing survives for adjudication in this Writ Petition. Accordingly, the present Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar rpp To

1. The Regional Transport Authority, Cuddalore.

2. The Regional Transport Officer, Cuddalore.

3. The General Manager, Neyveli Lignite Corporation, P.O.Neyveli, Cuddalore District.

+1cc to Mr.N.Nithianandam, Advocate, S.R.No.51245 +1cc to the Government Pleader, S.R.No.50633 W.P. 29169 of 2008 and M.P. 2 of 2008 CP(CO) RRS(19/07/2019)